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(영문) 광주지방법원 2019.07.11 2019가합311

대여금

Text

1. The Defendant: (a) KRW 205,00,000 for the Plaintiff and 5% per annum from February 1, 2019 to February 19, 2019; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 18, 2018, the Plaintiff loaned KRW 205,000,000 to the Defendant as of January 31, 2019.

B. On October 10, 2018, the Defendant drafted a loan certificate with the following content to the Plaintiff.

The actual tax invoice - The defendant - the resident number: omitted - The plaintiff - the plaintiff - the resident number: omitted - the actual tax invoice - The actual tax invoice - The tax invoice - The tax invoice - The tax invoice - The details of which are KRW 205,000,000 per day gold (200,000) - The tax invoice - the additional cost of KRW 5,000,000 per day gold (20,000). The tax invoice promises the defendant to pay the above amount by borrowing from the plaintiff on the following terms:

1. The loan period shall be from September 18, 2018 to January 31, 2019;

2. The borrowed amount shall be the sum of the amount invested by spouse C, son D and E.

3. The Plaintiff shall destroy the loan certificate when it collects the full amount of the investment funds from the LAF.

4.The difference that is less than the borrowed amount shall be borne by the defendant.

The defendant [Grounds for recognition] Gap evidence 1 and 1 and 2, and the purport of the whole pleadings on October 10, 2018

2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff a loan of KRW 205,00,000 and damages for delay calculated by the rate of 5% per annum prescribed by the Civil Act from February 1, 2019 to February 19, 2019, the service date of the original copy of the payment order of this case, 15% per annum from the next day to May 31, 2019, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

[Plaintiff is seeking damages for delay calculated at the rate of 15% per annum, but the statutory interest rate under the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, Jun. 1, 2019) was changed to 12% per annum from June 1, 2019, and thus, the Plaintiff’s damages for delay exceeds the rate of 12% per annum.